SCHEDULE IV.

APPENDIX.

No. I.

THE following lease of a colliery has been drawn as simply and briefly as the nature of the transaction will permit. The repetition of the words "heirs and assigns, executors," &c., is dispensed with by a clause at the end, which is adopted from a form used by the Ecclesiastical Commissioners.

day of

One

This Indenture made the
thousand eight hundred and sixty-one, between
John Wilson of
Esq., hereinafter called the

lessor, of the one part, and James Jones of

lessee.

. gentleman, hereinafter called the lessee, of the other part. Witnesseth that the said lessor doth hereby demise unto the said lessee all that colliery, Demise to coal mine, and seams of coal, whether previously worked or not, known by the name of the Colliery, in the county of G-, within and under the lands of the said lessor, situate in the parish of and containing acres, or thereabouts, a plan of which is annexed to this indenture, and which said colliery was lately in the occupation of Messrs. together with the colliers' houses and other houses and buildings belonging to and used with the said colliery; and all engines, gins, engine-houses, lodges, staiths, spouts, boilers, cylin[B B 4]

of property.

Powers to lessee.

Ground

ders, pumps, waggon, waggon-ways, rails, sleepers, and all other appurtenances whatsoever to the said colliery in any wise belonging, and now or heretoDescription fore commonly known as part thereof, with liberty to use the present, and sink new pits, drifts, trenches, grooves, water-gates, water-courses, and other works, and lay and repair any new or other waggon-ways, byeways, and side-ways, in, over, and along any of the said lands, and to use and repair the present, and make new staiths on such lands for the winning and working, depositing, vending, leading, and carrying on the said colliery and the coals thereof, and also to use those portions of the said lands which are coloured yellow on the said plan, containing acres or thereabouts, for ground-room, heap-room, and pit-room for laying and placing the coal, stone, earth, rubbish and other substances which shall during the term be gotten out of the colliery, mines, and seams of coal hereby demised, and also any additional land comprised within the said plan, which may during the term be required by the said lessee for the purposes aforesaid, such additional land to be marked out and appropriated, both as to situation and quantity, by the said lessee, and the said lessor or their mineral agents respectively, after fourteen days' notice by the said lessee to the said lessor of such requirement, and to use the present, and make new steam and other engines for the purpose aforesaid; also to use the present and build such other houses, hovels, and lodges upon such parts of the land under which the said coal mines or seams are situate

room, and heap-room, &c.

as the said lessee shall think most convenient for

Exception of the workman to be therein employed. Except and right of way. reserved unto the said lessor and his servants, and the tenants for the time being, of the lands over which way-leave is hereby granted, and to the tenants and occupiers of the lands under which the

said coal mine or seams of coal are situate, and over which way-leave is hereby granted, liberty and passage over and along all the ways hereby granted with waggons, horses, and other animals, and for workmen for all purposes of husbandry, doing as little damage as may be, and without making compensation. To Hold the said colliery, coal mine, and Habendum. seams of coal, and all the other premises and appurtenances hereinbefore demised and described unto the said James Jones, for the term of

day of

now last past.

years

Yield

from the
ing and paying therefore unto the said John Wilson Rents and
every year during the said term, the certain rent royalties re-
for eighteen hundred tons of coal

of £
(other than small and refuse coal), whether such

number of tons of coal shall be
not; the said yearly rent to be

on the day of

day of

yearly worked or

payable and paid

and the

in every year by equal portions, and the first payment to be made on the day of

now next ensuing; and also yielding and paying for the use of the said parcel of land, coloured yellow, the yearly surface rent of pounds, and for the use of every additional piece of the lands which might be required by the said lessee for the same purposes the yearly surface rent of pounds for every acre appropriated for the purposes aforesaid. And also yielding and paying unto the said lessor over and above the said certain

d.

rent of £ the further render or royalty of
for every ton of coals got out of the said colliery
(other than small or refuse coal), in excess of the
eighteen hundred tons for which the said certain
rent is reserved, the said renders or royalties to be
payable and paid on the same days during the said
term as the said certain rent is herein before made
payable; the said several rents or renders to be

served.

cost for use of engine.

Deficiency clause.

paid free of all existing and future rates and taxes, except property tax if any.

Provided always and it is hereby covenanted, Coal free of agreed, and declared by and between the said lessor and lessee, that no royalties or rent shall be paid by the said lessee for any coal used for the stationary engine or ventilating furnaces, or for any purpose of carrying into effect the objects of this demise, which shall be gotten out of the mines and premises hereby demised, but if the said lessee shall work any other property in connection with the mines and premises hereby demised, the coal used for the aforesaid purposes shall be fairly apportioned between each property according to the quantity of coal raised from each work. Provided always and it is hereby further covenanted, agreed, and declared by and between the said lessor and lessee, that if the said lessee shall in any year have paid the said certain rent of £ for the said eighteen hundred tons of coal, and shall have failed to raise that quantity in the same year, and shall in any succeeding year (during a period of years to be reckoned from the commencement of the year in which such deficiency has occurred) raise more than the said eighteen hundred tons, then, and as often as the same shall happen, it shall be lawful for the lessee in any succeeding year or years within the said period, and before the expiration or determination of the term, to keep back for his own use the royalty on such a quantity of the surplus workings as shall be equal to such deficiency in any such preceding year, but nevertheless the said lessor shall every year receive his said full certain rent of £ in the manner afore

train and

re-enter.

Power to dis- said. Provided also that if it shall happen that the said certain rent, or other renders or royalties hereby reserved, or any part thereof, shall be unpaid for forty days after the days on which the same ought